Recommended changes could change what is considered a valid will.
If you have created a will, you know there are legal guides in place for proving validity.
For most American states, the law requires a will to be signed by the testator (i.e., the person making the will) in the presences of two witnesses who are unrelated by blood or marriage to the testator.
These witnesses in turn must also sign the document.
The reason for this?
Judges would trust the testimony of the two witnesses.
Is this still the best way to determine whether a will should be considered legal?
According to a recent article in The Telegraph titled "Could a text become your will? The plans to revolutionise 'outdated' legacy system," The Law Commission of the United Kingdom does not think so.
The Law Commission recently recommended changes to estate law.
What are they?
The recommendations would allow for alternative evidence like texts or voicemails to be submitted to establish the final wishes of a testator.
The judgment on the validity of a will would not hinge solely on the signature of two witnesses.
Although these recommendations have not yet been passed, they would significantly change how inheritances are handled in the British courts.
Remember: “An ounce of prevention is worth a pound of cure.” When making your financial, tax and estate plans, do not go it alone. Be sure to engage competent professional counsel.
For more information about estate planning in Overland Park, KS (and throughout the rest of Kansas and Missouri), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.
Reference: The Telegraph (July 13, 2017) "Could a text become your will? The plans to revolutionise 'outdated' legacy system."